The PTO, the First Amendment, and Disparaging (Re)Marks
By now, you have probably heard about the Washington Redskins “losing” their trademarks. But have you heard about the case that could change everything?
Crowdfunding On the Horizon
The SEC has announced that it has adopted final rules (PDF) for crowdfunding, but that 1) the forms for registering as a crowdfunding portal are not effective until January 29, 2016; and 2) the implementing regulations do not go into effect until May 16, 2016, 180 days after they were published in the Federal Register.
Preventative Practices: Dodging Trademark Bullying
Various sticky trademark disputes have been in the news lately. From the dispute between Apple and Proview Technology to the dispute between the United States Olympic Committee and the knitting website Ravelry over the crafters’ use of the term RAVELYMPICS to local news stories about how devastating a trademark dispute can be to small businesses, trademark disputes are everywhere.
So what can you, as a small business owner, do to protect yourself from a dispute with a trademark bully? Take some good old-fashioned advice!
Pinterest for Employers
I was recently interviewed for the Society for Human Resource Management article “Pinterest Might Facilitate Copyright Infringement.” Below for your viewing pleasure is the entire text of the email-based interview with Workplace Law Content Manager Allen Smith
Legal Terms in Real Life: Genericide (Or: The Death of Google)
Today’s Legal Word of the Day is “genericide,” from trademark law. Genericide has been in the news recently because of Arizona resident David Elliott’s lawsuit to cancel two of Google’s trademark registrations for the term “GOOGLE” (Reg. Nos. 2,806,075 and 2,884,502). Black’s Law Dictionary (8th Ed.) defines “genericide” as: “The loss or cancellation of a trademark that no longer distinguishes the owner’s product from others’ products.”
How Do I Protect My Idea? Patents Revisited
You have a brilliant idea. With all your might, you are making it grow. You nurture it with your time, your energy, your hopes, your sweat, your dollars and your dreams. This idea? Its time has arrived. When you have put so much creativity, time and energy into something, you want to know that it […]
Crowdfunding and Your Business
In March, Congress passed the controversial Jumpstart Our Business Startups Act (JOBS Act), Public Law 112-106, and President Obama signed the bill into law on April 5, 2012. The Act is designed to stimulate job creation (and, by extension, the economy) by helping emerging companies get better access to capital. This post explores some of the changes to crowdfunding brought about by the Act and what you might consider in deciding whether crowdfunding is right for your business.
Social Media and the Law
After a whirlwind week of events, I have not had time to write my weekly post. Instead, I offer up video from my presentation to JMU612 with Paul Godfread last week. Keep in mind that the videos are provided for informational purposes only and do not constitute legal advice. Huge thanks to Joel Carlson for taping, editing, and posting, and to Erica Mayer for keeping us on task. Enjoy!
Cloud Computing Basics for Lawyers
I am a (very!) active member of Minnesota Women Lawyers, so I was pleased when offered a chance to write for the current issue (Volume XXXVI, Issue IV) of the organization’s publication, With Equal Right. I wrote about basic cloud computing concepts for attorneys.
How Do I Get a Copyright?
I have had several people ask me recently how they can get a copyright in their work. There is good news: contrary to some rumors, you don’t have to do anything to get a copyright! If your work is copyrightable, copyright exists in that work at the moment of creation. But what kinds of works are copyrightable, and why would you want to register your copyrightable works?